Drugs Flashcards
Who can you lawfully possess controlled drugs?
The following when acting in their duty
- police officer
- customs officer
- carriers e.g DHL delivery driver
- Forensic science lab personnel
- post office employees
Or anyone who has been lawfully prescribed controlled drugs or conveying the drug to someone who can lawfully have possession of that drug.
What is the legislation for possession of a controlled drug?
Section 5(2) Misuse of Drugs Act 1971 A person commits as offence who: has possession of a controlled drug without lawful authority and has knowledge that they have the substance.
What are the points you must prove to say someone has unlawful possession of a controlled drug?
- The accused has the drugs in their possession
- The substance is a controlled drug
- They had no authority to possess it
- They knew they had the substance
- They knew or had reason to believe it was a controlled drug
What is the legislation for supply of a controlled drug?
Section 4 misuse of drugs act 1971:
A person commits an offence who: unlawfully supplies or offers to supply a controlled drug or is concerned in the supply of such a drug to another or is concerned in the making of an offer to supply such a drug to another.
Includes distribution
What is the legislation for possession with intent to supply a controlled drug?
Section 5(3) misuse of drugs act 1971:
A person commits an offence who: has a controlled drug in their possession whether lawfully or not with intent to supply it to another.
What is section 23 misuse of drugs act (MDA)?
If a Constable had reasonable grounds to suspect that any person is unlawfully in possession of a controlled drug, he may:
- search the person (and detail for search)
- search vehicle or vessel in which suspected drugs may be found
- seize and detain for the purposes anything found in a search which appears to the Constable to be evidence of an offence of the MDA
